Michigan Compiled Laws
451-1994-II-3-115-2 - Subpart 2 Disposal Areas (324.11509...324.11521)
Section 324.11517.amended - Approval of Closure Certification and Postclosure Plan; Modification of Postclosure Care Period; Release From Postclosure Care; Duties of Owner or Operator.

***** 324.11517.amended THIS AMENDED SECTION IS EFFECTIVE MARCH 29, 2023 *****
Sec. 11517.
(1) After the department approves the closure certification for a landfill unit under section 11523a, the owner or operator shall conduct postclosure care of that unit in compliance with a postclosure plan approved by the department and shall maintain financial assurance in compliance with part 115 including any additional financial assurance required based on an extension of the postclosure care period under subsection (3). The postclosure plan may include monitoring and maintenance provisions not otherwise required by part 115 if designed to achieve and demonstrate functional stability, such as monitoring settlement. Postclosure care shall be conducted for 30 years, except as provided under subsection (2) or (3), and consist of at least all of the following conducted as required by part 115:
(a) Maintaining the integrity and effectiveness of any final cover, including making repairs to the cover as necessary to correct the effects of settlement, subsidence, erosion, or other events, and preventing run-on and run-off from eroding or otherwise damaging the final cover.
(b) Maintaining and operating the leachate collection system, if any. The department may waive the requirements of this subdivision if the owner or operator demonstrates that leachate no longer poses a threat to the environment, natural resources, or the public health, safety, or welfare.
(c) Monitoring the groundwater and maintaining the groundwater monitoring system, if any.
(d) Maintaining and operating the gas monitoring and collection system, if any.
(2) The department, by written notification to the landfill owner or operator, shall shorten the postclosure care period specified under subsection (1) if the landfill owner or operator submits to the department, and the department approves, a petition certified by a licensed professional engineer and a qualified groundwater scientist that demonstrates all of the following:
(a) The landfill's closure certification was approved by the department under section 11523a.
(b) The owner or operator has complied with postclosure care maintenance and monitoring requirements for at least 15 years.
(c) The landfill has achieved functional stability, including, but not limited to, meeting all of the following requirements:
(i) There has been no release from the landfill into groundwater or surface water requiring ongoing corrective action.
(ii) There is no ongoing subsidence or significant past subsidence of waste in the unit that may result in ponding or erosion that would significantly increase infiltration through or cause damage to the final cover.
(iii) The landfill does not produce more than minimal amounts of combustible gases.
(iv) Combustible gases from the landfill have not been detected at or beyond the landfill's property boundary or in facility structures.
(v) The landfill does not produce nuisance odors requiring control.
(vi) Leachate and gas collection and control system condensate generation has ceased, leachate and condensate quality meets criteria for acceptable surface water or groundwater discharge, or leachate and condensate can be discharged through existing leachate and condensate handling facilities, such as sewers connected to a publicly owned treatment works.
(vii) The final exterior landfill slopes are as approved by the department under section 11516(4).
(d) Any other conditions necessary, as determined by the department, to protect the environment, natural resources, or the public health, safety, or welfare are met.
(3) The department shall extend the postclosure care period specified in subsection (1) for a landfill unit if any of the following apply:
(a) The owner or operator did not close the landfill unit as required by part 115.
(b) The final cover of the landfill unit has not been maintained and has significant ponding, erosion, or detrimental vegetation present.
(c) Groundwater monitoring has not been conducted in compliance with the approved monitoring plan or groundwater affected by the landfill unit exceeds criteria established under part 201.
(d) There is ongoing differential settlement of waste, as evidenced by significant ponding of water on the landfill cover.
(e) Gas monitoring has detected combustible landfill gases at or beyond the landfill boundary or in a facility structure above applicable criteria or gas from the unit continues to be generated at a rate that produces nuisance odors.
(f) Leachate or gas collection and control system condensate continues to be generated by the landfill unit in quantities or quality that may threaten groundwater or surface water.
(4) The owner or operator of a landfill unit that has been released from postclosure care of the unit shall do all of the following with respect to the landfill unit:
(a) Exercise custodial care by undertaking any activity necessary to maintain the effectiveness of the final cover, prevent the unauthorized discharge of leachate, prevent impacts to the surface or groundwater, mitigate the fire and explosion hazards due to combustible gases, and manage the landfill unit in a manner that protects environment, natural resources, and the public health, safety, and welfare.
(b) Comply with any land use or resource use restrictions established for the landfill unit.
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1996, Act 358, Eff. Oct. 1, 1996 ;-- Am. 2022, Act 245, Eff. Mar. 29, 2023 Popular Name: Act 451Popular Name: NREPAPopular Name: Solid Waste Act